Alleging torture, Degamo slay suspect recants testimony vs Arnie Teves
MANILA, Philippines (Updated 5:23 p.m.) — A suspect in the murder complaint filed over the brazen assassination of Negros Oriental Gov. Roel Degamo is now denying that he was part of the killing, claiming as well that previous statements about the killing were made under threat.
The suspect, who was among the first arrested in the case, also said he was forced to point to suspended Rep. Arnolfo Teves Jr. (Negros Oriental) as the one behind the assassination, where nine others died and more than a dozen more were injured.
Lawyer Harold Montalbo, counsel of respondent Jhudiel Rivero, a.k.a. Osmundo Rivero, told reporters Monday that they filed a counter-affidavit and an affidavit of recantation before the panel of prosecutors, where his client withdrew previous testimony that he was part of the killing.
He said Rivero issued three affidavits “but all these have been recanted.”
“Mr. Osmundo Rivero recanted all his affidavits that he is a suspect in the killing and he was one of those who planned it,” the lawyer added in Filipino.
In a statement on March 7, the Department of Justice listed Rivero as among the first four who were charged with three counts of murder and frustrated murder before the Negros Oriental court.
At the time, the DOJ said three other suspects who were charged with Rivero had expressed intent to cooperate with investigators.
Recantation
In a copy of his counter-affidavit, Rivero said that, on March 5, he flagged down a police vehicle to report his missing motorcycle. He ended up being arrested and brought to headquarters, where he learned there that he was being investigated as a suspect in the Degamo killing.
He claimed he was tortured — his head was wrapped in plastic and he was choked using wires — into confessing.
“While they were taking my testimony at the PNP Headquarters, I was being kicked and hurt and I was told to confess that Teves ordered to kill Degamo,” he said.
He added that his family would be in danger if he had refused to point to Teves.
Rivero said he complied out of fear, saying also that he had not seen or talked to the Negros Oriental congressman, whom he said he did not even know.
The lawyer from the Public Attorney’s Office who was assigned to him allegedly directed him to follow what the police had said.
“While I was giving testimony, I was told by those at the PNP Headquarters that if I point to [Congressman] Teves, my family would be spared,” he added.
Rivero then told the investigating prosecutors that it was not true that he knows Marvin Miranda—said to be one of the brains behind the crime—or that he pointed to Teves’ photo, stressing he does not even know the lawmaker.
He also said that it not true that he knew about plans to kill Degamo.
Habeas corpus plea filed
Rivero has also filed a Petition for Habeas Corpus before a Manila court, seeking the release of his family, supposedly under government custody.
Naming Justice Secretary Jesus Crispin Remulla and NBI chief Medardo De Lemos as respondents, Rivero called on the court to direct them to produce his family members before the court.
He said that his wife, stepson and son were taken by soldiers on March 5 and were brought three days later to the Office of the Provincial Office in Camp Abelon, Pagadian City.
NBI and DOJ agents then took custody of them, his petition read.
“According to reliable information of petitioner, his family was unlawfully detained and deprived of liberty by the order and behest of the respondents,” he added.
Reacting to the filing in a short statement to reporters, Remulla said: “Family (wife) doesn’t want to talk to him, [according to Witness Protection Program.”
‘Lawyered up’
Last week, Remulla said he expects recantation from suspect-witnesses in the Degamo slay, since some of them had clammed up and refused to cooperate with authorities after they got new lawyers paid for by someone else. PAO lawyers are provided by the government to indigent respondents and defendants.
This has delayed the filing of complaints against Teves—accused of masterminding the assassination—which were finally submitted to the DOJ last Wednesday, more than two months since the daylight killing.
But Remulla said he is confident of the complaint the National Bureau of Investigation is filing since probers secured testimonies with PAO lawyers as witnesses, prior to suspects “lawyering up.”
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